abilities and could be dangerous with eaten by a child. people are taking the little product and corrupting it to try to get it across the border. thanks for watching. i'll may gii will. >> shepard: in box no. one injuries the biggest primary day before the mid term elections. the hot races to watch. context and perspective on what is could mean come november. box no. two today, possible charges against an extremist american cleric connected to the botched christmas day bomber and the fort hood shooter. it is a complicated case. catherine herridge owns this story sunday a live in washington. the next video is warnings about the drug resistant superbug gene. antibiotics no good. be afraid. it is all ahead unless breaking news changes everything in

studio b. first from fox at 3:00 in new york a major political battle brewing in florida. a federal judge in pensacola says he is likely going to give a green light to that lawsuit that claims parts of the new healthcare law ever unconstitutional. 20 republican attorneys general signed on to the suit which originated there in florida. several of which are running for office in november, hello. they are seeking to overturn certain sections of the law including a provision which requires most americans to purchase health insurance or pay a fine. phil keating is on the studio b story live in pensacola now. a pretty huge 45 minute opportunity for both sides. how did the attorneys say they did? >> reporter: the state torn generals representing florida, alabama anaheim utah thought they did well. tried to read the tea leaves of the judge ron ervin sent and they thought that in evacuate done well and then it was disclosed the judge felt both

sides did well but both sides could have done better and in favor of the department of justice the judge is not going allow certain elements to go forward in favor of elements of the state but is going to allow certain elements to go forward and expects to issue a written ruling within about a month. earlier in morning a powerful scenance the attorneys general of florida, bill mccullum and scott king of alabama and utah strolled in there and then came out two hours later and on the courthouse steps bill mccullum of florida peer heading the efforts describes this as one of the biggest cases of our lifetime. >> a great day for the constitution of the united states and individuals being represented here because we know at the end of the day this case is going go to the united states supreme court in one form or another. >> reporter: even the judge agrees with that. he expects no matter how he

ends up ruling on the case even when it goes to trial that it will be appealed by whomever loses and ultimately go to the u.s. supreme court. the states arguing this is federalism versus state rights as well as the constitutional rights of individual liberty. >> shepard: that is the argument. how did the government respond to the claims that the portions ever unconstitutional. in the department of justice says they have decades of court precedence. number one, that the u.s. government does have the power to dictate how federal funds are spent. one of the state's arguments is that forcing them to expand medicaid is usurping the state's power not to do so and also as far as an individual choosing not to buy health insurance which is a big part of the affordable care act they will be penalized with a tax if they don't buy health insurance. the attorney generals saying

one day they will need it and it will cost money and it is being shared by everyone if through higher premiums. >> shepard: did the judge indicate when might rule? yes. >> says he will give a written ruling by october 14th and scheduled a potential hearing date for opening arguments in the trial now for december. so this could obviously have an impact in the november elections certainly in some of these key states here. this judge, judge vincent, is no strange to big cases. this his career he has argued a big abortion clinic bombing case where some criticized the sentences as being too lienant but also battled where scorsese's film was banned and he argued that the film should be shown. one of the three american hikers sitting in jail in iran for more than a year is free and headed home. sarah shourd's lawyer reports

she left iran in the last several hours. on her way out of the country she said this to tv in iran. >> i want to really offer my thanks to everyone in the world, all of the governments and all of the people that have been involved and especially particularly want to address president ahmadinejad and all of the iranian officials that are really just lead evers and thank them for the humanitarian gesture. i'm grateful and humbled by this moment. >> shepard: well, it is interesting to note that she expressed gratitude to the iranian regime as her fiancee and close friend are still? iranian hands. the or deal started last year when hiking in iraq near the border of iran. all three wandered over the border and into iran by accident. iranian officials, though, accused them of spying and a trial is still spending. last week, sarah's family said she was suffering from serious medical problems including a lump in her breast.

the latest on this. what do we know about her health and where is she right now? >> as to her whereabouts, first, shep, we heard that she has now landed in the capital of oman across the persian gulf from iran. a relatively short flight. she was greeted there with a hug by her mother. as for her health. you can see in the video she looks reasonably healthy and sounded in good spirits after being released after more than a year in an iranian jail but there are the underlying health issues including the real concerns apparently about cancer. one of the first things she will be doing certainly is going straight for a pretty thorough checkup one would think. >> shepard: one would think. the president commented on this today, too. >> length. >> statement from the president was read in part and i will quote here, while sarah has been released shane and josh remain prisoners in iran who have commit nod crime.

we remain hopeful that iran will demonstrate renewed compassion by ensuring the release of shane, josh and all the other missing americans in iran. we salute the strength of the families who have endured the unimaginable absence of their loved ones. we have gained strength from their resolve and will continue to do everything we can to secure the release of their loved ones. no mention in that statement, shep, no indication from any other source as to exactly who paid the alleged $500,000 bail, by the way. >> shepard: so sarah shourd is out. what about the two men they are holding? any mention from the iranians? >> the prosecutor general of iran said today what he called the detention decree has been extended another two months. so it will be at least two more months apparently before any release for those other two is considered. sarah shourd's mother nora mentioned them in fact when she said in a statement today i

hoped and prayed for this moment for 410 days and i cannot wait to wrap sarah in my arms and hold her close when we are finally together again. i can only imagine how bitter sweet her freedom must be for her, leaving shane and josh behind. i hoe it to all o owe it to alp pressing until they are all home free and that, of course, as you just heard is exactly what the white house and state department say they are going to do. >> shepard: jonathan is chatting about the american hikers in iran and the rest of the big stories at our website fox news.com/shep. join in by clicking the on the hunt icon there at the end of the blew arrow on the lower right of the home page. the fox weather alert now. two hurricanes coming across the atlantic. julia has strengthened to a category one storm. expected to continue to grow in the next couple of days. before julia is igor and it is

a dangerous category four. janice dean the weather machine in the extreme weather center now. igor, in any change in path? >> still the same as it was yesterday. still a strong category four storm. well, defined eye. all four quadrants filling out. the higher cloud tops you can see with the deeper oranges but there is the path almost identical to this time yesterday. still remains a category 4. a strong storm up until friday and then making a beeline right for bermuda. the only thing changed is the strength of the storm as it gets closer to bermuda but they could receive a direct hit from a hurricane. >> what about julia? >> julia not a big concern. it is a hurricane, of course. we will monitor it but the track will tell you it will stay far away from land and even far away from bermuda. still remaining a hurricane over the next several days but it will mainly be a fish storm as we like to call it. >> shepard: wasn't there something in the caribbean yesterday? >> and we will show you that

disturbance we have been watching for a week now. that has the potential to become a depression, possibly within the 5:00 p.m. advisory and then some of the models are bringing it over into the gulf of mexico by the weekend. >> shepard: but looks like a mexico thing, right? >> yeah, but you know what, never say never,. >> shepard: for sure. >> hermine was a mexico event and look what that did with all the flooding. >> shepard: that was awful. voters in seven states heading to the polls for the crucial primaries today and the theme is upstarts challenging he meant to say the establishment. campaign carl cameron live with a preview. how is the tea party doing? plus, newly released footage of the deadly gas explosion in california. this video. plus the feds issue a new warning that could affect similar neighborhoods nationwide. this is studio b at fnc. back in 90 seconds.

>> shepard: concerns about the safety of the nation's natural gas network on the heels of that massive explosion in northern california, san bruno. surveillance video from a gas station down the street. look on the the left-hand side of the screen. see that. there it is, we zoomed in. experts say this sort of thing could happen anywhere really and the reason they are giving, they say many of the natural gas pipelines in the united states are decades old like everything else. compounding the problems many of the lines are now under neighborhoods which years ago didn't exist as neighborhoods.

gas companies hesitant to refurbish the lines because of the massive costs. the gas pipeline burst, at least four people died and the ensuing fire destroyed dozens of structures. fox news is america's news headquarters and it is election day. primary day in the runup to the mid term election. 7 states and the d.c. are holding primaries today. it is the last day until november that more than one state will be voting. all along, we have been hearing stories of supposed political outsiders taking on establishment candidates and in many cases winning. today the best example of that story line may be in delaware where the fight for the republican nomination to run for vice president joe biden about's former senate seat is underway. moderate republican congressman mike castle taking on a tea party favorite kristine o'donnell and it could go either way. carcarl cameron is live in

wilmington delaware. party endorsement versus tea party power is seems to me. >> reporter: 49 days before the election and this is last blast tuesday, super tuesday in the middle and gets everything started and now it going to end and the tea party here in delaware in the form of the tea party express organization has gotten behind christine o'donnell and had a profound effect and tied the race with mike o'donnell. today he was so confident of a victory he was embracing the notion this is some sort of a maine sure or a yard stick of whether the tea party can beat incumbents. >> this has become a test can the conservative elements of

the party take out an incumbent and it is a little beyond just government. >> reporter: and for any incumbent to essentially accept the notion it is a referendum on him against any type of a political entity is a sign that he thinks he is confident that he can could something kristine o'donnell has taken hits for her finances. the tea party express ads stand alone and some folks said they are not going to support her. she referred to it as the gop eating itself. >> a shame that the republican party has to resort to republican cannibalism because we have the winning principles. limited government. low taxation, free enterprise. the right solution to get economy back on track. >> reporter: it has been nasty with personal stuff i don't even want to talk about on the air. hard to know what is going to happen notwithstanding the polls because the entire universe of voters is likely to

be as small as 30,000. whoever wins could do so with just 15 thought votes. we could be picking the next senator nor joe biden's seat a republican with 15 grand in the ballot box. >> isn't there a suggestion that the o'donnell win could give it to the democrats potentially at least? >> in the polls today she would fall significantly behind and that has been castle's argument all along. conservatives and some in the tea party movement argued there are cases it might be better to oust a moderate and risk losing in november in order to cleanse the gop and bring in more conservatives. when it comes to win and loss column there is a real risk that the nomination of christine o'donnell would put the w in the d column.

>> shepard: covering big primary races throughout the day and evening. just because they may not be voting in your state does not mean today won't affect you. stay with us for all the results. we will have an idea of what the landscape is going to look for. for analysis go to fox news.com and click on the politics link at the top of the page. one stop shopping for the mid term elections. in addition tonight during prime time here on fox news channel bret baier will be on the air for you. not going to eliminate prime time programming but bret baier will come in periodically to announce races and give you the trends and we will do it online and on the radio and on your local fox station. it is there for you. all you got to do is count on fox. a top target of the united states government. a radical cleric and american sit den at the same time. linked to the the fort hood shooter. linked to the underwear bomber and the man suspected of trying to blow up times square and soon this man, anwaral-awlaki.

is he a terrorist who you are seeking to kill? or is he a criminal whom you are seeking to bring to justice? can you have both really? that is the legal argument and it's next.

>> shepard: 2 is minute 1 minutes past the hour. the white house could soon file criminal charges against anwar al-awlaki. that could help the united states extradite him if he is captured alive in yemen. the feds say h he helped plan e tailed underwear bombing above detroit the suspect on the left

side of the screen. and the fort hood attack. he is particularly dangerous we are told because of his presence on the internet and his ability to inspire apparently lone wolf attack. despite that the decision to press charges against him is controversial. it could force investigators to they havetails that shelters kept close to the vest. is the best case is scenario e government? >> if abdulmutallab does a plea deal with the government and he will become a primar primary ws in the case. there was direct contact tweeny between umar farouk and anwar

ail awacky. including advice and how to side step surveillance. sources also told fox that he was the middleman between abdulmutallab and the bomb maker in yemen. in return for his help, farouk would in principle get a reduced sentence in he cooperated with the government. charging alwaki in a criminal case has a number of risks with the intelligence. if you don't have a principal witness in the case the department of justice would need to provide evidence of the direct involvement in terrorism and would force the u.s. government to reveal evidence gained through confidential sources and probably in this case foreign wire staps and so the phrase that they use in intelligence circles is that it would compromise sources and methods that the u.s. government uses to track terrorists worldwide. >> shepard: there is the dilemma. thank you. get to the legal panel now. with us former prosecutor and judge advocate general or jag, officer steven razor and criminal defense attorney and fox news legal analyst arthur

ayudalaah. officer, i need to call you officer. >> you don't need to you but can. >> shepard: he is either a terrorist and you ago out and hunt him and kill him or criminal and you bring him to justice. can you have both? >> you can try both. try to kill him until you catch him. a big problem for the government is to put him on this list being a united states citizen. the rationale behind that is basically that he is outside of the jurisdiction of the united states waging war on the u.s. and therefore can't exempt himself of the consequences of warring against the united states. >> shepard: just tip towed the law there. >> a fine line to walk but if he is in fact waging war against the united states his citizenship alone will not blanket him from reprisal. >> so then don't charge him in a court of criminal like a guy

who steals a snickers bar from a candy store gets charged. he is either an enemy. if that is the fact get him and treat him that way. can't say let's just arrest him and put him in the criminal justice system. the president of the united states already authorized the cia to kill him. >> shepard: isn't that just that. >> let's suspects pose tha suse comes back to the united states. then he would be subject to the criminal law. >> shepard: once he is subject to criminal law then all of the things that the government finds problematic about the legal system they have to live by the rules and they have been in place and worked fine for a long time. >> however, if he does not come back to the united states. >> shepard: then we can just put a bull let in his head. convenient. >> convenience is not the issue here. the issue is the fact that he is putting lives of american citizens in danger and therefore he is a threat. we have to take out the threat regardless of the fact that he

is a citizen who could abide by the law if he chose to and seek the protection of the united states if he chose to do so. >> what you said is accurate is that if he is, right now imminently putting the lives of americans in danger then you shoot to kill. >> you could make the argument. >> but that is not what they are saying. they are saying they want him dead because of what he has done in the past. i'm fine with that if they then say we are not going to arrest him. but this guy, he is an enemy of the united states of america. this is war. we are going to kill him. but you can't say if he comes to new york and comes to the airport we will arrest him and take him to mdc. >> shepard: there is no war, only chatter chat war. a war on drugs. a war on -- a war on terrorists. not declared. i know it is different but the proof. >> this guy in the war we call it a war because our troops are dying. >> shepard: okay. how do you have it both ways? i think that is part of the question. >> we have it both ways because we can afford him the

protections of our laws if he is here in the united states. if he continues to be overseas and continues to attack the united states by giving aid and comfort to our enemies, by advocating the overthrow of the government, yes, we can go after him, yes, we can do that this is the problem. doing it both ways. trying to negotiate with the yemen government to bring him back. >> what is to say you can't do that? >> why can't you could both? >> he is either one or the other. >> where is that in the law? >> that is the way the united states of america works. when timothy mcveigh blew up the building in oklahoma city. >> where was he? >> in the united states of america. >> that it the dividing line. >> and made a division on what we will do with him. the most vicious criminal entitled to a trial or plea bargain. either he is entitled to the rights or not entitled to the rights. >> what if timothy mcveigh got

away and went overseas then say wait until he comes back or take out the threat. >> we take out the threat. >> but you are not going to shoot him when gets off the plane, arthur. >> right now they have the ability to shoot him when gets on the plane. >> shepard: if he gets here then they don't want to deal with the rules of law. this is nation of rules. the law as rules. if he sends up in the system you have to give up the evidence. that is the rule. >> it is the rule. >> if he wants to come back to the united states and declare his innocence to all the charges he is free to do that and once he does that then all the protections of the united states constitution will be protecting him. >> that is h islamist his choi. >> seems contradictery to me. if he goes back he should be treated like a war criminal and go to guantanamo. he is either one or the other. >> according to arthur. >> keep your eye on the dollar and you will never go wrong.

>> typical attorney. >> that is why i asked you to call me an officer. >> shepard: the best news of hourd hass sarah s shanksville been released and we have brand new video of her with her family. that's next. diabetes testing? what else is new? you get the blood, hope it's enough, it's -- what's this?

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>> shepard: new video just in to fox news. and here we go. clearly over there. and this is new video of sarah shourd with her family and there sarah is with the purple on, right? that was -- that is sarah shourd there and she is free

now. we know that she has serious medical conditions. this is in oman, so she is on her way back. at the any rate the new video of sarah shourd, you know that one is glad to be home and fearful for her friend and fiancee. new information about a mid air collision that happened over the hudson river last year. two helicopters collided. there was the video which is sort of how everyone remembers it. well -- how are your allergies? mine are serious at this moment. here we go. this is what we learned today now. errors by an air traffic controller distracted by a personal phone call set the stage for this mid air collision last year over the hudson between a tour helicopter and a small plane that claimed nine lives. this is according to a federal safety panel which has just put out the new information. it faulted the faa rules in this busy air corridor as well to see and avoid. and in the end, i guess part of

the conclusion was and i'm skipping down to it, it was a series of missteps. for one, altman the pilot had a new radio frequency. talking to the control tower said go to 127.8 instead of 127.85. just a series of mistakes. new rules over the corridor now. the crash claimed nine lives and the faa report is out. more on it on the the fox report tonight at 7:00 eastern, 6:00 central. the u.s. senate today failing to repeal a provision of the new healthcare law which could create a mountain of paper work and added extense for small business owners. as is stands now, businesses which sell more than $600 of goods in year have to file a 1099 tax form. >> the obama administration reports it wanted to change that part of the law to ease the burden on small companies but democrats could not get the 60 votes needed to amend the

provision. let's get gerri's two cents the anchor of willis report on fox business network. what does this mean for a lot of small businesses out there? >> a lot of paper work and costs. let's say you run a trucking company. every time the trucker gets the truck filled up with gas they have to get a receipt and you have to take all and figure out which of the gas stations out there you had to buy more than $600 worth of gas in a single year and then trace it back to who provided that gas if the first place. it is a mountain of paper work. it will cost about $17 billion. they are doing it because they want to close the gap on the cost for healthcare reform. >> shepard: interesting. well, if lawmakers are going to help small businesses with this bill, why vote down the 1099 amendment? >> witi wish i could answer tht question. >> shepard: is there something there that i don't understand? >> they are afraid to open up the bill. they don't know what kind of can of worms that they will open up if they start making changes to health care reform what will happen next.

>> shepard: they are worried that the republicans will come in and shoot holes in it. this is the way that the republican side is going look what you are doing. >> if you think all of this is politics. >> shepard: oh, i don't. >> the national taxpayer advocate says look the money you will make from this isn't going to make up from the disruption to not just small businesses but charities and even government itself will have to file the 1099 forms. >> shepard: this is going to cost $17 billion. >> amen. >> shepard: that is a lot of money. >> unpaid taxes. unpaid taxes. >> shepard: i see. all right. gerri willis becam jealous. i'm not even wearing green today. >> shepard: i know. on the fox business network the fastest growing business network on television giving you the power to prosper. experts warning of a new worldwide health risk. they called it the superbug gene. a bug that antibiotics can't

fight. how scientists say it makes bacteria immune to nearly all antibiotics and how to avoid getting sick is the main thing. plus, the medal of honor. the highest military honor this country awards and now the first medal of honor recipient in decades is telling his story to fox news. a live report coming up. here's a myth: you get nothing for driving safely. truth: at allste, you get a check in the mail twice a year, every year you don't have an accident. the safe driving bonus® check.

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dedly and he describe wad t was what it was -- described what it was like. >> lots of bull lets and lots of rpgs. lots of bullets. it is hard for me to explain it to someone who doesn't know. i'm a soldier. sometimes they whistle, sometimes they crack. there is the close you just got hit but you're not hurt close and then the close where it snaps by your head but you are not hit. and then there is the whiz, that is a little further away than the crack. >> but staff sergeant giunta didn't grow up wanting to be a soldier. >> i was working at subway at the time and mopping the floors and it was 10:00 at night and the radio is on and this he started saying the army recruiter is giving out free t-shirts and i'm a sucker for a free t-shirt i guess. >> we will have the entire interview tonight at 6:00 p.m.

on bret baier's special report. please tune in. >> shepard: thank god they were giving out free t-shirts. what an amazing man he is. we would never have known him and the military would never have known him and we wouldn't have been the beneficiary of his greatness. astounding. watch tonight at fox report. 6:00 eastern, 5:00 central. get afraid now. getting close to flu season. remember the last time, even a music bid for this. ♪ we're tracking h1n1 ♪ now, they are warning of a drug resistant superbug that could become a worldwide threat. a gene that can change different kinds of bacteria and make them immune to nearly all antibiotics. leaves doctors with very few treatment options. payents in california, massachusetts and illinois have gotten it. although we are told they all

survived the infection. trace gallagher, the experts are calling the superbug a man made problem. >> it is because it is coming through medical tourism, that is where americans go to other countries like india and get the surgeries and these medical procedures because they are cheaper. the other countries have different hygiene levels than the united states and so they end up bringing back the superbugs with them. they get into your system and they are difficult to get out and very, very hard to treat. once the bugs, the bacterias get in you can't use antibiotics, right? and if you use antibiotics they often times don't work. the kind of bacteria, the same thing that causes pneumonia and toxic shock and fresh eating bacteria. you mentioned h1n1. the new bacteria is called ndm. you might want to get to know

that one as well. >> shepard: why are they resistant to antibiotics? >> your body becomes immune to certain antibiotics and doctors say unless you absolutely positively have to use antibiotics for something that ails you, do not use them. dr. manny said they could produce other antibiotics but that is a lot of money and a lot of time. listen. >> i don't know what the appetite is for pharmaceutical companies to be coming up with new antibiotics but nonetheless we need them and i hope that we see new generations of antibiotics that we take into consideration some of the the genetic changes we are seeing in the bacterias. >> just so you know the new superbug is spread person to person. the easiest way to avoid it, just like h1n1, wash your hands. >> gawker media says it will spread by planes all over the

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>> shepard: it is america's election headquarters. earlier we mentioned the states holding primaries today. seven choosing candidates to run in the general elections in november and now a look at new polls from some of the states where the parties have already picked their horses in that race or these races. molly henneberg has the numbers. what are they? >> hi, shep. fox news is going have a new round of the polls from battleground states every tuesday leading up to the mid term elections. florida, republican marco rubio up 16 points over republican turned independent governor charlie crist. kendrick meek has 21%.

rubio may be benefiting from voter unease over president obama. 54% of respondents say they want to repeal the president's healthcare reform program. in nevada, senate democratic majority leader harry reid is in a nail biter with republican and tea party backed challenger sharron angle. 45% of voters say they believe president obama's policies have hurt the state's economy. another nail biter is in california. usually a very blue state. democratic incumbent senator barbara boxer in a statistical dead heat with carly fiorian. a state where president obama won by a landslide but now nearly half of the voters 46% do not think he deserves to be reelected. the gap between republicans and democrats is a bit wider in ohio and pennsylvania.

in ohio, republican rob portman a 7-point lead over democrat lee fisher. shep? >> thanks. as we countdown to the all important mid term elections fox news has a brand new iphone app to track the information. get up-to-date information on the races in your area and beyond. from the best political coverage anywhere. go to fox news calm and get the app download details. it is your short caught to american politics. police are warning facebook users to watch what they post after a burglary ring used information from the facebook to target and rob dozens of homes. please rob me i'm not at home. details, next.

>> shepard: watching a situation happening in france now. the eye fel eiffel tower has bn

evacuated and the parks around it evacuated due to a bomb alert as this call it. as it goes, they found a package and well, they got a phone call saying there is something there and then they found a suspicious package. so they have evacuated the area and sent everybody down to the banks of of the river and in context it important on this and everything else so with that i tell you this. it happened just hours after the french parliament passed a law today prohibiting wearing a full face veil in public meaning a ban will come into force early next year if not overturned by judges. the bill makes no mention of islam but it was promoted as a way to protect women from being forced to wear the full face veil. there has not been any suggestion that the two events are linked. i tell you that only because they happened a couple of hours

apart. the eiffel tower evacuated. there is a suspicious package. information, video and word from there as we get it. >> shepard: police in new hampshire arresting three men they say used facebook to target and rob dozens of houses. according to the cops, three suspected burglars and here they are, say hello, they logged on to the social networking site facebook and searched for status updates for users who said they were on vacation or not at home. investigators say the suspects would break in the empty houses stealing cash, electronics and ammunition. facebook is denying in i links to the burglary. with us the senior editor for cso magazine specializing in computer security. good to see you. thanks. >> good to be here. >> there was an aggregator sort of website doing it for you. >> there are these location sharing services that canning a gentleman great where users

posting or checking in. a little bit of fogginess as to how they targeted the people on facebook. could be that they knew the people and were in the network and saw them posting. a lot of people don't post the profile and make it private so it is out there for just about anybody to read depending on the settings. >> there was a website rob me now. i won't even mention it. >> called please rob me and it was created earlier this year by some dutch website createors and, yo you know, it was more tongue in cheek. basically they werin aggregatig twitter feeds where people were using four square and telling people where they were. and their point was the information you are putting out on the networks is really too much information and can be used against you. >> shepard: i don't know how many times we need to tell people or inform them that you can change your security settings and stop this sort of

thing from happening, right? >> what is interesting is that when facebook redesigns the security settings or the privacy settings is the more appropriate thing to call them. they default back to public again. the onus is on you to go in there and make sure that the settings are private because if you don't your profile is out there and most people can read what you put out there and that is getting people in trouble. >> shepard: i'm going to be away in the caribbean for a week is a dumb thing to put in the public. >> and people getting fired based on things they are saying there, too, because they don't realize that the boss or company is reading what they are posting. >> shepard: when it doubt, shut up, right? just shut up. >> that's right. >> shepard: great to see you. a good reminder. >> a go to package snack food for decades. spongy deliciousness satisfied hunger of kids and adults alike. ever wonder what is really in a twinkie? next. you know, fresh green beans lose half their vitamin c in a week.

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>> shepard: so the eiffel tower still evacuated and they are still trying to figure out what is in the suspicious package there. we will keep you updated on the situation around that paris landmark that is coming up throughout the afternoon. and then there is this. we call it a day here, we call know what twinkies look like. golden colored on the outside and white and creamy delicious on the inside. what about the stuff that makes up the twinkies. a photographer wanted to find out and checked out the list and bought the items